Texas 2021 - 87th 2nd C.S.

Texas Senate Bill SB91 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Bettencourt, et al. S.B. No. 91
	1	+	87S21432 MEW/KJE-D
	2	+	By: Bettencourt S.B. No. 91
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6	7		relating to a temporary reduction in the maximum compressed tax
7	8		rate of a school district and the form of the ballot proposition to
8	9		be used in an election to approve a tax rate adopted by a school
9	10		district that exceeds the district's voter-approval tax rate;
10	11		making an appropriation.
11	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	13		SECTION 1. Subchapter F, Chapter 48, Education Code, is
13	14		amended by adding Section 48.2555 to read as follows:
14	15		Sec. 48.2555. MAXIMUM COMPRESSED TAX RATE FOR 2022-2023
15	16		SCHOOL YEAR. (a) Notwithstanding any other provision of this title
16	17		or Chapter 26, Tax Code, for the 2022-2023 school year, the
17	18		commissioner shall calculate the value of a school district's
18	19		maximum compressed tax rate by determining the district's maximum
19	20		compressed rate under Section 48.2551 or 48.2552(b), if applicable,
20	21		and reducing the tax rate determined under the applicable section
21	22		by the amount by which the commissioner may reduce each district's
22	23		maximum compressed tax rate by an equal amount using funds
23	24		appropriated for the purpose of reducing each district's maximum
24	25		compressed tax rate under this section.
25	26		(b) If a school district's maximum compressed tax rate as
26	27		calculated under Subsection (a) would be less than 90 percent of
27	28		another school district's maximum compressed tax rate under
28	29		Subsection (a), the district's maximum compressed tax rate is the
29	30		value at which the district's maximum compressed tax rate would be
30	31		equal to 90 percent of the other district's maximum compressed tax
31	32		rate.
32	33		(c) Notwithstanding any other provision of this title or
33	34		Chapter 26, Tax Code, for purposes of determining funding for
34	35		school districts for the 2022-2023 school year, a reference in any
35	36		of the following provisions of law to a school district's maximum
36	37		compressed tax rate or maximum compressed rate as determined under
37	38		Section 48.2551 means the maximum compressed tax rate determined
38	39		for the district under this section:
39	40		(1) Sections 13.054(f) and (f-1);
40	41		(2) Section 45.003(d);
41	42		(3) Section 45.0032(a);
42	43		(4) Section 48.051(a);
43	44		(5) Sections 48.2553(a) and (e); and
44	45		(6) Section 26.08(n), Tax Code.
45	46		(d) For purposes of Section 30.003(f-1), a reference in that
46	47		section to Section 48.2551 includes this section.
47	48		(e) Notwithstanding any other provision of this title, for
48	49		purposes of determining a school district's maximum compressed tax
49	50		rate under Section 48.2551 for the 2023-2024 school year, the
50	51		commissioner shall exclude the reduction in the district's maximum
51	52		compressed tax rate under this section for the preceding school
52	53		year from the value of the district's "PYMCR."
53	54		(f) This section expires September 1, 2024.
54		-	SECTION 2. ~~Effective January 1, 2022,~~ Section 26.08(b), Tax
55		-	~~Code, is amended to read as~~ follows:
	55	+	SECTION 2. Section 26.08(b), Tax Code, is amended to read as
	56	+	follows:
56	57		(b) The governing body shall order that the election be held
57	58		in the school district on the next uniform election date prescribed
58	59		by Section 41.001, Election Code, that occurs after the date of the
59	60		election order and that allows sufficient time to comply with the
60	61		requirements of other law. At the election, the ballots shall be
61	62		prepared to permit voting for or against the
62	63		proposition: "Ratifying the ad valorem tax rate of ___ (insert
63	64		adopted tax rate) in (name of school district) for the current year,
64	65		a rate that will result in an increase of _____ (insert percentage
65	66		increase in maintenance and operations tax revenue under the
66	67		adopted tax rate as compared to maintenance and operations tax
67	68		revenue in the preceding tax year) percent in maintenance and
68	69		operations tax revenue for the district for the current year as
69	70		compared to the preceding year, which is an additional $____
70	71		(insert dollar amount of increase in maintenance and operations tax
71	72		revenue under the adopted tax rate as compared to maintenance and
72	73		operations tax revenue in the preceding tax year). If the adopted
73	74		tax rate is not ratified, the (name of school district) may not
74	75		adopt a tax rate that exceeds ____ (insert the school district's
75	76		voter-approval tax rate)."
76	77		SECTION 3. (a) Not later than June 1, 2022, the comptroller
77	78		of public accounts shall prepare and provide to the legislature an
78	79		update of the biennial revenue estimate prepared in accordance with
79	80		Section 49a, Article III, Texas Constitution, and provided to the
80	81		legislature in January 2021. The update must include the difference
81		-	between the estimated balance of general revenue~~-related funds~~
82		-	~~available for certification at the end~~ of the state fiscal year
83		-	~~ending August 31, 2023, as determined~~ under:
	82	+	between the estimated balance of the general revenue fund at the end
	83	+	of the state fiscal year ending August 31, 2023, as determined
	84	+	under:
84	85		(1) the update required under this subsection; and
85	86		(2) the comptroller's biennial revenue estimate update
86	87		provided to the legislature in August 2021.
87	88		(b) In addition to other amounts appropriated to the Texas
88	89		Education Agency for the state fiscal year ending August 31, 2023,
89		-	an amount equal to the lesser of $4 billion or the sum of $2 billion
90		-	and 50 percent of the amount, if any, by which the difference
91		-	determined under Subsection (a) of this section exceeds $500
92		-	million is appropriated from the general revenue fund to the agency
93		-	for the state fiscal year ending August 31, 2023, for use in
94		-	providing school district property tax relief by reducing each
95		-	school district's maximum compressed tax rate under Section
96		-	48.2555, Education Code, as added by this Act.
97		-	SECTION 4. Except as otherwise provided by this Act:
98		-	(1) this Act takes effect immediately if it receives a
99		-	vote of two-thirds of all the members elected to each house, as
100		-	provided by Section 39, Article III, Texas Constitution; and
101		-	(2) if this Act does not receive the vote necessary for
102		-	immediate effect, this Act takes effect on the 91st day after the
103		-	last day of the legislative session.
	90	+	an amount equal to the lesser of $5 billion or the sum of $2 billion
	91	+	and the amount, if any, by which the difference determined under
	92	+	Subsection (a) of this section exceeds $500 million is appropriated
	93	+	from the general revenue fund to the agency for the state fiscal
	94	+	year ending August 31, 2023, for use in providing school district
	95	+	property tax relief by reducing each school district's maximum
	96	+	compressed tax rate under Section 48.2555, Education Code, as added
	97	+	by this Act.
	98	+	SECTION 4. This Act takes effect immediately if it receives
	99	+	a vote of two-thirds of all the members elected to each house, as
	100	+	provided by Section 39, Article III, Texas Constitution. If this
	101	+	Act does not receive the vote necessary for immediate effect, this
	102	+	Act takes effect on the 91st day after the last day of the
	103	+	legislative session.